ASPEN VINTAGE SDN BHD TAN & O.G.KING

ASPEN VINTAGE SDN BHD TAN & O.G.KING

The appellate court found no error in the magistrate's factual and legal findings: the Urban Suite Package form and attendant evidence established the developer's agreement to bear solicitors' fees and to exempt purchasers; the plaintiff as panel solicitor was entitled to recover fees and, relying on SRO 2005, the claimed fees were recoverable; the appeal was therefore dismissed.

Citation
PA-11BNCvC-2-01/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Aspen Vintage Sdn Bhd (No. 1004871-T); Respondent/plaintiff: Tan & O.G. King
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 January 2024
Case Number
PA-11BNCvC-2-01/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Magistrate Court Decision After Full Trial
Outcome
Appeal dismissed
Legal Topics
Solicitor Fees, Panel Solicitors, Statutory Remuneration (sro 2005), Privity of Contract, Enforcement of Professional Fees
Source Language
Malay/English
Conveyancing Contract Law Property Law Civil Procedure Solicitor Fees Panel Solicitors Statutory Remuneration (sro 2005) Privity of Contract +1 more

Case Brief

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Parties

Aspen Vintage Sdn Bhd (No. 1004871-T)

Appellant/defendant

Tan & O.G. King

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Magistrate Court Decision After Full Trial

Legal Issues

  1. 1 Whether the developer is liable to pay solicitors' fees incurred by purchasers' solicitors
  2. 2 Whether the solicitor firm (plaintiff) had privity of contract with the developer
  3. 3 Whether the Urban Suite Package form effectively exempted purchasers and imposed liability on the developer

Ratio Decidendi

The appellate court found no error in the magistrate's factual and legal findings: the Urban Suite Package form and attendant evidence established the developer's agreement to bear solicitors' fees and to exempt purchasers; the plaintiff as panel solicitor was entitled to recover fees and, relying on SRO 2005, the claimed fees were recoverable; the appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Plaintiff in the sum of RM5000.00